SK 453 

.P4 

1915 — ^ 

Copy 1 

THE 

I Fish and Game 
Law 

OF THE 

STATE OF UTAH 



In Effect 
MAY 22, 1915 



FRED W. CHAMBERS 

State Fish and Game 
Commissioner 



TABLE OF CONTENTS. 

Page 

Appoftitiiieiit of CunHllis^-i(!n('^. ... 2 

Term 2 

Oualilicaiious 2 

\\icaiicies 2 

.v|)|Ktiiilnienls ' 'A 

Bonds of Comniissioiier, l>('|iii!ies 

and Wai'dons 4 

( !i inimissioTici' to Provide License 

Blanks . 2i 

Fees 2i 

^'Miies of Coinmissioner and War- 
dens, Id. Sheriffs ami Con- 
stables 5 

Duties of Wardens 4 

Devices in Irrigation Canals 7 

Ducks, Geese, etc. . . , 19 

Fishways 6 

Sawdust in Streams 6 

] ish and Game Fund Created .... 25 

liise€tivorous and Song Birds .... 18 

License to Hunt or Fisri 2 1 

Mtiney Now Standing to Credit of 

Fish and Game Fund 26 

Use of Same , 26 

\t\v Hatcheries. Improvement of 

Burrastian Ponds 26 

iialty 24 

Powers of Commissioner 2 

Private Ponds 10 

l^rairie Chicken, Grouse, Quail, etc. 17 

Sale of Prohibited 17 

Public Hunting Grounds 30 

Repeal 27 

Report 2 

Reservation of Waters for [Propa- 
gation of Fish 21 

Retroactive 27 

Salaries 3 

Expenses 3 

"Screens 7 

Penalty , 7 



Page 

Seizure ., * 15 

Shipping Fish or Game out of State, 

TUilawful 26 

Strawherry Valley and I'ish Lake 

State (lame Preserves 27 

Taking- Fish 8 

When and How Lawful 8 

Unlawful t.» Sell Front or B_iss ... 9 

Limit of (]}\\rh 9 

Unlawful for Connnon Carries to 

Transport Fish 11 

Unlawful to Fish from the Back of 

a liorse or fiy Fire or Lami»- 

light " 15 

Unlawful to Commit Any Act of 

Trespass While Fishing 15 

Unlawful to Kill Deer, etc 16 

Penalty 16 

Unlawful Possession of Fish or 

Game 20 

Use of Explosives or Drugs 11 

Use of Seines, Traps, etc 12 

Use of Dogs iuHunting . 17 



State of Utah 

Fish and Game Law 

In Effect May 22 1915 

An Act Providing for the Protection 
of Fish, Game and Birds; for the 
Appointing of a Fish and Game 
Commissioner, Chief Deputy, Chief 
Wardens, Hatchery Superintendents 
and Special Deputies; Prescribing 
their Powers and Duties, Providing 
for Fish and Game Licences, and 
Fish and Game Fund; Providing for 
the Building of Fish Hatcheries; and 
Providing Penalties for the Violation 
cf this Act, and amending Sections 
5, 12, 13, 14, 16, 17, 19, 21, 23, 25, 28 
and 33, Chapter 53, Laws of Utah, 
1909, relating to the Protection of 
Fish, Game and Birds; Prescribing 
Gertain Rules of Pleading and 
Evidence; Creating the Strawberry 
Valley and the Fish Lake State Game 
Preserves, Prohibiting Hunting with- 
in the limits thereof; and Authoriz- 
ing the State Fish and Game Com- 
missioner under the direction of the 
State Board of Examiners to produce 
and set aside certain Lands as Public 
Hunting Grounds, and Prescribing 
Rules and Regulations under which 
Hunting may be Permitted Therein. 
Also Amending Sections 12, 13, 17, 
21, and 25, Chapter 53, Laws of Utah, 
1809, as Amended by Chapter 46, 
Laws of Utah, 1913, relating to the 
Protection of Fish, Game and Birds; 
Prescribing Regulations with Refer- 
ence to Fishing and Hunting; Pro- 
hibiting Damage to Private Property 
by persons engaged in Fishing; 
Giving the Commissioner authority 
to trap Beaver under certain con- 
ditions and providing a Penalty for 
the Violation of any of the Pro- 
visions of this Act. 



Section 1, State Fish and Game 
Gommissionep. Term, QualificationSr 
Vacancies. That the Governor of the 
SiMie cf Utah by and with the consent 
of the Senate shall appoint a State 
!' ish and (iarne Nlnmmissioner, here- 
after called the Slate Cnmrnissioner, 
who shall lie a rnsident citizen of the 
State of [itah, and who shall not be a 
iiuMiibei' of any hunting, shooting or 
fisliing club, whose term of office shall 
];(' fiiiu' years and initil his successor 
is appointed and qualified, provided, 
1 1 \ a t \A' h e n a \" a c a n c y o c c u r s in the 
nflice of the State (jonunissioner and 
thi' Legislature is not in session, the 
(i.iNcriior shall ha\e the power to fill 
such vacancy, until the next regular 
session of the fjegislBture, and he 
shall ha\e tiie im'W*^i' <<» remove the 
Si ate Ooiiirnissioner at any time for 
cause. 

Sec :'. Powers of Commissioner. 

Tho SI ale < lomiii issioiicr shall have 
coidrol and su|m'!'\ isioji of the waters 
of Ih'^ Slalo for I ho cnllfction, prop- 
aaati'-ii, I'lilhirc and dislribution of 
fi.-h HT\i\ game in Hie State, and shall 
leceiAe and disti'ibule all game, fish, 
fisli-fry and s])awn coming into his 
hands, fairly ami ecpiilably among the 
se\t'ral connlies of I he Stato. He shall 
ha\e fvill colli i-dl of all property of the 
Stale oblain<'d and held fop the pur- 
|i(ise colli t'm|»lal (m| by this Act. 

See. :]. Id. Report, it shall be law- 

tn! tor IIm' Slate ( loin in issioner, or any 
[icrson appointed by him in writing 
^o lo do, l<i lake fish and game of any 
kind, dead oi- alive ov in any manner 
r<o' ihc piii'p(.>,(' nf insp('(di(Mi, culliva- 
iioii. pi'opagal inn. scientific oc other 
purposes deemed by him to be in the 



interest of the fisk and game industry 
of the State. 

He shall make a detailed report of 
his official transactions, including the 
number and kinds of fish and game 
distributed, and the locality, and the 
names of the streams, ponds, and lakes 
where the same have been placed, and 
submit such report to the Legislature 
during the first of its ensuing regular 
session. 

Sec. 4. Appointments. The Com- 
missioner may appoint by and with 
the approval of the Governor, and keep 
in service one chief deputy, six chief 
wardens, one hatchery superintendent 
for each hatchery, and one clerk, who 
shall be residents and citizens of the 
State, such appointments to he filed 
with the State Auditor. 

Sec. 5. Salaries. Expenses. The 
State Commissioner sdiall receive a 
salary of twenty-four hundred dollars 
per annum, and for actual and neces- 
sary traveling and contingent expenses 
and clerical assistance not to-; exceed 
three thousand dollars per annum. 
The chief deputy shall receive a salary 
of fourteen hundred dollars per annum 
and actual necessary traveling ex- 
penses not to exceed eight hundred 
dollars per annum. The hatchery 
superintendents and the six chief 
wardens shall each receive one thous- 
and dollars per annum and actual and 
necessary traveling ex])enses not to 
exceed six hundred dollars pei- annum. 

For the proper en fdrci'incnt of tiiis 
Act, the State Commissi' -irr- shall ap- 
point deputy game wardtnis at. a com- 
pensation not to exceed three dollars 
per day each while* ;u'lually engaged 
in duty, which shall be full pay for 
sei'vices ami ordinary expenses. The 



state Commissioner may also appoint 
special game wardens to serve without 
pay, who shall have the same powers 
as deputy wardens. The State Com- 
missioner may revoke, at any time, the 
commission of any warden and by and 
with the approval of the Governor ap- 
point his successor. The State Com- 
missioner may also authorize certain 
individuals to sell licenses. 

Sec. ('). Bonds of Commissioner, 
Deputies and Wardens. The State 
Commissjdiioi' Itefoi'e entering upon 
the duties of his office shall give a 
bond in the penal sum of five thousand 
dollars, for the faithful performance 
of his duties, which bond shall be ap- 
proved by the State Board of Examin- 
ers and filed with the Secretary of 
State. The chief deputy, each of the 
hatchery superintendents and the six 
wardens, shall give a bond in the sum 
of two thousand dollars. The clerk 
and all other wardens under pay from 
the State shall give a bond in the sum 
of one, thousand dollars for the faith- 
ful discharge of their duties and the 
prompt accounting for the payment of 
any moneys coming into their hands 
by virtue of the office. Such bond shall 
run to the neople of the State with 
sureties to be approved by the State 
Gommission<'r. 

Sec. 7. Duties of Commissioner and 
Wardens. Id. Sheriffs and Constables. 
It shall be the duty of the State Com- 
missioner, chief wardens, and other 
wardens to see that all the laws of the 
State for -the protection of fish and 
game are faithfully enforced through- 
out the State, and for this purpose 
they are respectively and severally 
given the same power and authority 
granted by the law to, and exercised 



[by] Sheriffs and Constables. The 
State Commissioner, each of the chief 
and other wardens throughout the 
State are authorized and required to 
enforce this Act, and seize any game 
or fish taken or held in violation of 
this Act, and shall have the full power 
and authority, and it shall be the duty 
of each and every oft'icer, with or with- 
out a warrant, to arrest any person 
whom he has reason to believe guilty 
of a violation thereof and if without 
a warrant to hold him until a warrant 
can be procurred, to open, enter and 
examine all cars, stages, packs, w^are- 
houses, stores, outhouses, boxes, bar- 
rels and packages where he has reason 
to believe any game or fish taken or 
held in violation of this Act is to be 
found, and to seize the same; provided, 
that if such search or seizure be with- 
out a warrant the officer making the 
same must procure a warrant as soon 
as possible during or after the search 
or seizure if demanded; and, provided, 
furllier, that a dwelling house actually 
occupied can be entered for examina- 
tion only on pursuance of a warrant. 
It shall be the duty of the chief war- 
dens to report annually their official 
acts in detail to the Slate Commis- 
sioner during and w^-i later than the 
second week in November, and oftener 
if so requested by the State Commis- 
sioner. 

Sec. 8. Duties of Wardens. It shall 
be the duty of the game warden to take 
or cause to be taken in the best prac- 
tical manner any imported fish; 
mountain trout, bass, or herring found 
in pools or other places where reced- 
ing waters from rivers, streams, canals 
or other waterways have left them and 
which are likely to become dry, and to 



6 

make I lie host dispnsilion of the dead 
fish in the iiilercst of the Slate fish 
and i^aine .fund, and lo carefully put, 
ifack the live fisii inl-i Slate wafers. 
All jM'i'sous, cnriMiF'alions, or compan- 
ies dwiiiii^i', (»!• rniil I'ollJDg' ii'i'igafiiij^' 
canals, dil(d!('s. or mill-races for irri- 
Katinn. or opcrnling mill or power 
{)lanls j)\' ;in\ l<ind, before drain- 
ing- any sneh caiial, dilch. oi- mill-race 
for any kmtwn itni'ijose shall give no- 
tice to a game wai-den at least five 
(iays prioi' to sucli drainings. Upon 
failure lo comply with the provisions 
of this section it shall be deemed r 
misdemeanor and punishable by a fine 
of n(d less than twenty-five dollars. 

Se( . [). Fishways, Sawdust In 
Streams. The ox^iiers of any dam 
.-icritss any of the public streams in 
this State either now in use or here- 
aftei' built shall, if so required by the 
Slate Oommissirmer or a game warden 
and umler liis supervision, erect suit- 
able fishways to allow the free un- 
inlei'rupted passage of fish up and 
down tlie. streams, said fishways to be 
luiilt and maintained by the owner of 
said dam. It shall be a misdemeanor 
for any iierson or persons, corpora- 
lion or corpoi'ations, or companies to 
build or maintain any dam that will 
li<' I he means of killing or destroying 
the fish passing up and down the 
s! reams. And it shall be a mis- 
demeanor for any person or persons, 
cni'porations, or companies owning any 
mill, factory, or reduction works in 
I his State to cause oi' permit any re- 
fuse matter fi'om said mills, factories 
or reduction works to be washed, 
dumped, or placed in any of the 
streams or waters of this State, or to 
place such refuse matter from said 



mills, factories or reduction works in 
>uch close proximity to any of the 
streams that the same might be washed 
into said streams by rains. Any per- 
son or persons found violating the 
provisions of this section shall be 
guilty of a misdemeanor and fined not 
less than one hundred dollars for such 
violation, and each day shall consti- 
tute a separate offense. 

Sec. 10. Screens. Penalty. It shall 
be unlawful for any person or persons, 
corporation or company, to take any 
water from State streams, lakes, or 
reservoirs for power plant purposes 
MP water works without first furnish- 
ing and maintaining suitable screens 
or other devices to prevent fish from 
• 'Qtering said power-plant, mill-race 
nr water-works system, said screens 
or other devices to be built and main- 
tained when required under the direc- 
lion of the State Commissioner or his 
deputy and at the expense of the said 
owner and operator; provided that 
said screen shall not interfere with 
the operation of any power plant by 
materially obstructing the flow of 
water used for power purposes. And 
it shall be a misdemeanor punishabb 
by a fine of ten dollars per day for 
each day after notice has been given 
to said owner or owners of said mill- 
race, power plant or water works sys- 
tem, to take effect ten days from date 
of service of notice 

Sec. 11. Devices in Irrigation 
Canals. It is hereby made the duty 
of the Chief Warden of each district, 
to see that all irrigation canals when 
deemed necessary by the State Com- 
missioner- are properly protected by 
some device (which will not be the 
means of obstructing the flow of water 



into such canals) so that no fish may 
enter said ditches between June 1st 
and September 15th of each year; said 
device to be provided and maintained 
out of the fish and game fund. 

Sec. U. Taking Fish. When and 
How Lawful. It shall be unlawful for 
any person at any time to fish for or 
take any fish from any of the waters 
of this State by any device or means 
whatever. This provision shall not 
prohibit angeling between the tifteenth 
day of February and the thirty- first 
day of March following, both dates 
included, nor between the fifteenth 
day of June and the thirtieth day of 
November following both dates in- 
cluded, except that it shall not be law- 
ful to angle in Fish Lake and Straw- 
berry Reservoir at any time except be- 
tween the fifteenth day of June and the 
thirtieth day of November following 
both dates included; Provided that it 
shall be lawful to angle in Panguitch 
Fake between the fifteenth day of June 
and the Twenty-eighth day of February 
following. It shall be unlawful for 
any person to fish or take away any 
fish from the waters of this State at 
any time between nine o'clock P. M. 
and three o'clock A. M. on the day fol- 
lowing or to take or have in his pos- 
session at any time any bass less than 
eight inches long, or any trout, moun- 
tain herring or other game fish less 
than six inches long. The word ang- 
ling as used in this Act is defined to 
be fishing with a rod or pole held in 
the hand or hands, such rod or pole 
to have attached thereto artificial fly 
hooks, not exceeding two in number, 
or two baited hooks, or one baited 
hook with not more than one gang of 
not more than three hooks, or one 



trolling-spoon with not more than one 
gang of not more than three hooks. 
Any person violating any of the pro- 
visions of this section shall be guilty 
of a misdemeanor. 

Sec. 13. Unlawful to Sell Trout or 
Bass. Limit of Catch. It shall be 
unlawful for any person to sell or offer 
to sell, or expose for sale or have in 
his possession with intent to sell at 
any time, any eastern brook trout, 
rainbow trout, grayling trout, native 
trout, black spotted mountain trout, 
or any other species of trout or any 
land-focked salmon, herring or any 
black bass taken from any of the pub- 
lic waters of this State. In prosecu- 
tions under this section it will be suffi- 
cient to allege generally that such fish 
were- unlawfully sold, offered, exposed 
or held for sale, and proof of sale or 
offering or exposing for sale shall be 
prima facie evidence of guilt. 

It shall be unlawful for any person 
to catch more than fifteen pounds of 
any or all of said varieties or species 
of fish in any one day, except that at 
ti; h Lake, Panguitch Lake, and Bear 
Lake any person shall be permitted 
to take a single fish weighing more 
than fifteen pounds in any one day. 
It shall be unlawful for any person 
to iu.\e ill his possession at any time 
more than fifty pounds of any or all 
of said varieties or species of fish. 
It shall be unlawful for 'any person 
to fish for or take any fish at any time 
from the waters of Logan River be- 
tween the crest of the dam of the Her- 
cules Power Company's plant and the 
L(t^>an City Power House on the bank 
of said Logan River; or, between the 
crest of the dam of the Logan City 
Power House, in said Logan River, and 



10 

IJie crest of (lie Slate dam at the inoutli 
■'.r Lugau Canyon to the Telluride 
Power House on Logan River, or from 
the waters of PoweiTs Slough on the 
east siKti'e of Utah Lak<^ [Jtah (lounty, 
<n' frojH any triliulary of said slough. 

Sec. li. Privala Ponds. The owner 
nv owners of i)ri\iih' fish ponds shall, 
before selling (^v shijiiiing any fish 
fj-om the same, joiikf a[)i)lication to 
the State Commissioiier, by aflidavit, 
describing accurately such pond, where 
located, when such pond was started 
and stocked with fish, fronr where the 
iish were procured, the kind of fish 
to be sold oi' shii)ped, the railroad 
stati(.n fi'<)m whieb be desires to ship 
such fisli, and upfoi satisfactory show- 
ing being made io Ihe State Commis- 
sioner that such private pond is in 
iaet'a ]»rivate pond, and the fish de- 
sired to be sliipped ha^■e been reared 
in said pond, and upon the payment of 
one dollar tbe Slate Commissioner 
shall issue to the ownei' or owners of 
such private p(mds a pei'mit to sell or 
ship such fish. Said permit must 
contain the date when issued, to whiun 
issued, tlu:' number, the name and lo- 
cation of the pond from wdiich such 
fish are Io be shipjted, and also the 
sla.tion fj'om wbieij I be shipments are 
to lie made. 

All permits shall ('o,utinue in force 
from Ihe date of issuance until the 
Ibirty-first day of December, following 
iheir issue. Such permit shall be is- 
sued in triplicate, one copy to be given 
to the shipper, one to the railroad or 
express agent at the station from 
which the shipment? are to be made, 
ami tbe third copy to be placed on file 
in the office of the State Commis- 
sioner. A copy of the bill of lading 



11 

for each and every shipiiieiit must be 
delivered or mailed by the shipper to 
the State Commissioner on the day 
hipment is made. 

It shall be unlawful for any person 
Id operate or maintain any private fish 
pond within this State without erecting 
.nid maintaining a sufticient screen, 
approved by the State Fish and (jlrarne 
< 'nmmissioner, at the point where the 

aters enter such pond from any 
-late waters and also at the point 
where the waters leave such pond, so 
as to effectually prevent any fish 
irom entering or leaving such pond. 
i'Aery person violating any of the pro- 
visions of this Section shall l»e guilty 
uf a misdemeanor. 

Sec. 15. Unlawful for Common 
Carriers to Transport Fish. When. 
It sliall be a misdemeanor for any ex- 
press company, railroad company, or 
other transportation company or other 
common carrier of any kind to receive 
any fish of any kind whatever for 
-hipment, unless they have in their 
iMissession a duplicate of such ship- 
ping permit above described. And it 
shall be a misdemeanor to take fish or 
-[tawn from any of the lakes or 
-I reams of this State and place them 
in private ponds at any time of the 
year except as provided in Section 3 
■ f this Act, and it shall be a misde- 
I ieanor for any person or persons to 
-ell or offer for sale any fish not 
propagated or grown in a private pond; 
{trovided, that carp, suckers, chubs, 
mullets and catfish may be sold at any 
time, provided that nothing in this Act 
shall apply to fish raised outside of 
this State except trout. 

Sec. 16. Use of Explosives or Drugs- 
It shall be unlawful for any person to 



12 

kill or take any fish from any of the 
waters of this State by use or means 
of electricity or any poison, deleteri- 
ous or stupefying drug, giant powder, 
or quick lime, or any explosive sub- 
stance whatever; or to place or use in 
or upon the surface of such waters any 
poison, deleterious or stupefying drug, 
giant powder, quick lime or explosive 
or electric device or to have in his 
possession any fish killed or taken 
by use or aid thereof. 

Any person violating any of the 
provisions of this Section shall be 
guilty of a misdemeanor and be pun- 
ished by imprisonment for not less 
than three months and in addition to 
such imprisonment shall be fined not 
less than one hundred dollars, and 
shall not thereafter be eligible to pro- 
cure a license to fish or hunt in this 
State for balance of said year. 

Sec 17. Use of Seines, Traps, Etc. 
f'or the purpose of catching carp, 
chubs, mullets, bullheads, catfish or 
suckers, and for these fish only, seines 
not more than two hundred yards long 
and twelve feet wide, with meshes not 
less than one and one-half inches 
square for fifty yards in the center, 
and with meshes not less than two 
inches square in the wings thereof 
may be used at any time in the follow- 
ing named waters only: Bear Lake, 
Se^ ier River from Sevier Lake to the 
mouth of the Sevier Brigde reservoir, 
the Colorado, Green, Grand and San 
Juan Rivers, the Gunnison Reservoir, 
Sanpitch River, Redmond Lake, Bur- 
\'ille Reservoir and Sevier River, and 
from the Black knolle Creamery north 
to the county line between Sanpete and 
Sevier counties, and the Otter Creek 
lleservoir to include Otter Creek as 



13 

far north as the old reservoir in the 
narrows about six miles below Green- 
wich, the mouth of the canal that 
empties into Otter Creek Reservoir 
from the east fork of the Sevier River, 
and the east fork of the Sevier River 
from its junction with the waters of 
Otter Greek one-fourth of a mile be- 
low the said Otter Greek Reservoir; 
and in Price River from Spring Glen 
to Green River, Garbon Goiinty; in 
Bear River, below the Idaho line, and 
in Utah Lake and Jordan River. Pro- 
vided that in Bear Lake, it shall be 
lawful to use seines or nets for catch- 
ing herring, trout and whitefish, be- 
tween July 1st and May 1st, following. 
Provided further, that it shall be un- 
lawful to take fish from the waters 
of Bear Lake with gill nets within 
four hundred yards of the mouth of 
any stream flowing into said lake. In 
Utah Lake, it shall be unlawful to use 
seines from June first to September 
first, or at any time without the pres- 
ence of a game warden who shall be 
paid not to exceed three dollars per 
day by the party drawing the seine, 
and such warden shall give a bond of 
two hundred fifty dollars for the faith- 
ful performance of his duties pavable 
to the State of Utah and to be filed 
with the State Gommissioner. Pro- 
vided, that before any person shall 
use a seine in any waters named in this 
section, such person shall procure a 
Seiner's License from the State Gom- 
missioner on payment of one dollar 
and fifty cents, except to seine in 
TUnh Lake, where the fee shall be five 
dollars, and in Bear Lake, where the 
fee shall be ten dollars. Provided, 
further, that before any person shall 
use a seine in any of the waters of 



14 



this State, except Utah Lake, he shall 

give a bond with two sulTicient sur- 
eties to the State in the penal sum of 
five hundred dollars, conditioned that 
no fish protected by the laws of this 
State from seining will be taken, and 
that diligence will be used by them to 
prevent the death of any of said fish, 
which bond shall be approved by and 
filed with the State Commissioner. 
The Stale Commissioner shall furnish 
blanks frir said bonds and shall furn- 
ish to the county clerk of each county 
of the State blanks to be given to per- 
sons desiring to give bonds as herein 
provided. When I he bond is prepared, 
it shall be delivered to the State Com- 
missioner, ni' In -d chief warden or a 
C'iunly clerk, who shall forward it at 
on<-c to the State Commissioner. Upon 
aiMU'oval by (he State Commissioner 
he shall file the same in his oftice and 
issue to the person gi\ing such bond, 
upon payment of the license fee pro- 
vided by law a seiner's license. It 
shall be lawful to use spears w-ith or 
v.ithout a torch or lamplight for the 
taking and 1-iilling of car|) and suckei'S 
rmly, at any time, and shall be lawful 
to take carp, suckers chubs, mullets 
and catfish, at any time, with hook and 
line commonly kmnvn as angling froin 
the above waters, and from the waters 
of Sevier Riv(U' between the mouth of 
Clear Creek Oanynn in Sevier County 
and the Otter Creek reservoir in Piute 
covin iy, and in Weber River below its 
Junction with Ogden Iliver. Provided, 
fui'ilMM', that suckers may be t.alam by 
grai)i)ling hooks between April first 
and May twenliejh, bolh dales inclu- 
sive, in l^rovo River between Utah 
Lake and the State Road Bridge north- 
west of Prtvo, in Spanish Fork River, 



15 

between the San Pedro, Los Angeles 
and Salt Lake Railroad bridges across 
said rivers and Utah Lake, and the 
Hobble Greek between- Main Street, 
Springville City, and Utah Lake. Any 
person violating any of the provisions 
of this section shall be guilty of a 
misdemeanor. 

Sec. 18. Id. It shall be unlawful to 
use seines in Spring Greek Lake, which 
runs into Utah Lake, or within one- 
half mile from the mouth of any 
stream flowing into said Utah Lake. 

Sec. 19. Unlawful to Fish from the 
Back of a horse or by Fire of Lamp- 
light. Unlawful to commit any act of 
Trespass while Fishing. U pliall be a 
misdemeanor to fish from the back of 
a horse, or to travel up or down any 
stream on horseback while fishing for 
trout or mountain herring; or to fish 
by fire oj' lamp light at night. Pro- 
vided, however, that nothing in this 
section shall be construed to prohibit 
a person from wading up or down any 
stream -while so fishing. It shall be 
a misdemeanor for any person while 
engaged in fishing to damage private 
property, to take down or remove 
fences, to "open and permit or cause to 
remain open, gates or bars or to do 
or commit any act of trespass, while 
engaged in fishing and the commis- 
sioner or his deputy is authorized to 
arrest any person violating any of the 
provisions of this section and all fines 
collected, upon conviction of any per- 
son so arrested after payment of 
costs and prosecution, shall be turned 
over by the court to Ihe owner of the 
property damaged. 

Sec. 20. Seizure. All seins, guns, 
nets, tackle, powder, explosives, lime, 
poison, drugs, and other means and 



16 

devices for the unlawful taking of fish. 
or game of any kind found in the pos- 
session of any person who may be de- 
tected in unlawfully taking of fish 
from any of the waters of the State or 
killing of any kind of game shall J3e 
seized by the officer making the arrest, 
and if it appears from evidence before 
the Magistrate trying the case that 
the guns, seines, nets, tackle, ])owder, 
lime, poison, drugs, or other means 
and devices for the taking and killing 
of game were used for the unlawful 
taking of fish or game, the same shall 
be confiscated and sold at public 
auction by the State Commissioner 
nml the preceeds therefrom turned into 
the fish and game fvmd. 

Sec. 21. Unlawful to kill Deer, Etc. 
Penalty. It shall be unlawful for any 
piMson to shoot at, kill or hunt for any 
deer, elk, antelope, mountain sheep, 
otter, beaver, or any other game ani- 
mal in this State or to capture or hold 
in confinement any such animals or 
Ihf'ir young. Possession of any such 
animals when the party in possession 
fails to make satisfactory explanation 
shall be deemed prima facie evidence of 
guilt. . . . Provided, further, that it 
shall be lawful for any citizen of the 
United States who is an actual and 
bona fide resident of the State of Utah, 
lo kill one male deer, having horns 
visible above the head, between Octo- 
ber fifteenth and October thirty-first, 
l>oth dates inclusive, and be it provided 
I hat it shall be unlawful to kill a fawn 
of either sex. It shall be unlawful for 
any person to sell, offer for sale or 
have in his possession with intent to 
sell any part or parts of any animal 
mentioned in this section, except the 
hides and heads of deer may be sold 



17 

when tagged by the commissioner or 
his deputy. 

It shall be lawful for the commis- 
sioner or his deputy to trap beaver 
found to be doing damage to farms, 
crops, orchards or other property and 
to sell or dispose of the same to the 
best advantage and the proceeds" from 
the sale thereof shall be turned into 
the Fish and Game Fund. 

Any person violating any of the pro- 
visions of this section shall be deemed 
guilty of a misdemeanor anl upon con- 
viction thereof, shall be punished by 
a fine in any sum less than three 
hundred dollars but not less than one 
hundred dollars, or by imprisonment 
in the county jail not exceeding six 
months, or by both such fine and im- 
prisonment. 

Sec. 22. Use of Dogs in Hunting. 
It shall be a misdemeanor fur any per- 
son or persons to pursue with a dog 
or dogs any of the animals mentioned 
in Section 21 of this Act. 

Sec. 23. Prairie Chicken, Grouse, 
Quail, Etc. Sale of Prohibited. It 
shall be unlawful for any person to 
shoot at, kill, or hunt for any part- 
ridge, penated grouse, (commonly 
called prairie chicken), blue grouse, 
willow grouse, sage hen, pheasant, or 
mourning dove, or to rob or destroy 
any nest, egg or young of any such 
bird; provided that it shall be lawful 
to kill quail in Washington, Garfield, 
and Kane counties between the first 
day of September and the first day of 
February following, and in Salt Lake, 
Davis, Weber, Utah, Sevier, Uintah 
and Carbon counties, during the month 
of October, and in Iron county, between 
the first day of October and the thir- 
teenth day of November; provided fur- 



18 - 

ther, thai it shall b<' lawful to kill sage 
hens, blue grouse, and willow grouse 
ill all couuties of the Stale ironi Sep- 
tember first to fifteenth, both dates 
inclusive; i)rovided, however, that in 
[iich and in Uintah eoiuities sage liens 
may be shot from August fifte<nith to 
September fifteenth inclusive; and that 
it shall be lawful to kill mourning 
doves in all counties of the State, be- 
tween August, fiftf^tMith and thirty- 
first, both dates inclusive. It shall 
be unlawful fm- any ]»ers()n to kill in 
any une (t;iy oi- iia\e in. Iiis ixjssession 
{it any lime more than eight of such 
turds of (MU' Iviiul, or in the aggregate; 
exceid, that a {lerson may kill in one 
day or h;tve in his possess ion. fifteen 
(luail (U- mourning doves. It shall be 
a misdemtuinoi' for any person to sell, 
offer for sale cu' have in his posses- 
sion with intent to sell any part or 
parts of any of the birds mentioned 
in this section. Any person violating 
any of the provisions of this section 
shall be guilty of a misdemeanor. 

Sec. 24. insectivorous and Song 
Birds. It shall !)e unlawful for any 
person to kill, take, ensnai-e, net, trap 
or s^lioot at, (»r to rob or destroy any 
egg, nest or young of any swan, 
mourning dove, pelican, gull, owl, lark, 
w^hipoor-will, hawk, black bird, thrush, 
snowbird, swallow, robin, sh(U'ebird or 
other insectiv(U'ous or onuiivorous 
(seed eating) bird in this State. This 
Sectionshall not bec«msti'Liedto protect 
the English sparrow, blue heron, squak 
or magpie. Provided, that pelicans 
liooded mergansers may be killed by 
the permission of the State Gommis- 
sioiu^r. Any person violating any of 
the pro\isions of this- Section shall be 
auiltv of a misdemeanor. 



19 

Sec. 25. Ducks, Geese, Etc. It shall 
be unlawful fnr any person to take, 
kill, wound, shoot at or have in liis 
possession or to rob or destroy any 
nest, egg, or young of, any wild duck, 
goose, or snipe. 

This provision shall not prohibit 
the killing of not more than twelve 
geese or tw^enty-five of all the birds 
mentioned in this Section, in any one 
day, during the season allowed there- 
fore, which shall commence on the 
first day of October of each year and 
close on the thirty-fist day of Decem- 
ber following, in all counties of the 
State, except that the season shall 
close on the fifteenth day of March in 
Washington, Kane, San Juan, Grand 
and Uintah Counties. In Sen Pete, 
Beaver, Emery, Garfield. Wasatch, 
Iron, Millard and Juab Counties there 
shall be a further open season each 
year which shall begin on the fifteenth 
day of iebruarj" and close on the fif- 
teenth day of March following. In Salt 
Lake, Davis. Weber, Box Elder, Utah 
and Cache Counties there shall be a 
further open season during the year 
nineteen hundred thirteen, only, which 
shall commence on the fifteenth day 
of February and close on the fifteenth 
day of March. But it shall be unlaw- 
ful to take, kill, wound or shoot at 
any of said birds between six forty- 
five o'clock p. m., and six thirty o'- 
clock a. m., the day following, during 
September or October; or between six 
o'clock p. m., and six forty-five o'clock 
a. m., on the day following, in Novem- 
ber; or between five thirty-five o'clock 
p. m., and seven o'clock a. m., on the 
day following in December; or six 
fp.rty-five o'clock p. m. and six-thirty 
o'clock a. m., on the day following. 



20 

during all other portions of the open 
season. Every person who shall vio- 
late any of the provisions of this sec- 
tion shall be guilly of a jnisdenieanor 
and failure i»y the party in possession 
tn yive satishudory explanation shall 
lie deemed prima facie evidence of 
guilt. 

S(c. J(). Unlawful Possession of 
Fish or Game. Any pers(.»n who shall 
ha\e in his possession any game, fish, 
or birds unlawfully taken is guilty of 
a misdemean(»r. All fish and game 
unlawfully taken, or held unlawfully, 
or shiitped, or consigned for shipment 
(jul of this State, shall be seized by 
the State Gonunissioner or Game War- 
d<'n, and disposed of to the best in- 
terest of the l^Msh and Game Fund. 
Provided, that any person, after pro- 
curing a non-resident license, may 
take out of the State the amount of 
one day\s limit, by permission of the 
State Commissioner, after first being 
inspected and marked by a game war- 
den; provided further, that nothing in 
Ibis section shall apply to fish shipped 
from private ponds. The possession 
of any animal, fish or bird or any part 
of tin' remains thereof, within the 
lime or period within which the tak- 
inu and Jutting or possession of the 
srune is pndiibited, shall be prima 
facie e\idence of such unlawful taking 
or Ivillinu' or iio.v;'ession. 

II sball be unlawful to kill, catch, 
or ollu'rwise take, or destroy and to 
lea\-e to waste, or in any manner to 
can-e oi' suffei' to be wasted, any bird, 
animal or fish in this act mentioned, 
or any useful part or parts thereof 
except mullets, suckers and carp. Any 
person or persons violating any of the 
provisions of this section shall be 



21 

guilty of a misdemeanor and punish- 
able by a fine of not less than one 
hundred dollars for each offense. 

Sec. 27. Reservation of Waters for 
Propagation of Fish. For the better 
advancement of the fish interest of 
the State, the State Commissioner may 
select and reserve one stream, lake 
or pond for the period of four years, 
in each county, for the purpose of 
planting, breeding and propagation of 
the fish. And it shall be a misde- 
meanor for any person or persons to 
fish in any stream, lake, or pond while 
so reserved. When any stream, lake 
or pond is selected for such a purpose, 
the State Commissioner shall forth- 
with post, or cause to be posted and 
maintained, conspicuous notices there- 
of along the banks or shores of such 
stream, lake or^ pond at points not 
over one mile apart and advertise in 
the newspaper issued and published 
nearest to the lake, stream or pond 
for two wrecks prior to the closing of 
such stream, pond or lake to public 
fishing. Any person found violating 
any of the provisions of this Act shall 
be deemed guilty of a misdemeanor, 
and shall be punishable by a fine of 
not less than twenty-five dollars for 
each offense. 

Sec. 28. License to Hunt or Fish. 
It shall be unlawful for any person to 
hunt for, kill or shoot at any kind of 
game or take or fish for any kind of 
fish, whether pr^tr'otf'd or not, without 
firs,t having procured a license .^o • 
do. It shall be unlaw^ful for any per- 
son to refuse to produce his license 
for inspection at the time when re- 
quested so to do by the State Commis- 
sioner or his deputy. Such license 
shall entitle the holder thereof to pux- 



sii*^ hunt and kill such game animir 
aijii same birds and to fisli for and 
catch such numbers and varieties of 
fish as are permitted by law and sub- 
ject to the rest I'ict ions and regulations 
imposed by law. 

The prices (tf sucli license shall be 
as follows: 

To any male person over twelve 
years of age who is a citizen of the 
United States and an actual and bona 
fide resident of the State of Utah, one 
dtdlar and twenty-five cents. 

Tr» any male person over twelve 
years of age who is a citizen of the 
Ikiited States but not an actual and 
bona fide resident of the State of Utah. 
five dollars. 

To any male person over twelve 
years of age who is not a citizen of the 
tlnited States, fifteen dollars; pro- 
vided thai no alien be permitted to 
hunt, or fish for game protected or 
unprotected without first procuring a 
license. 

Provided, further, that female pei 
sons and male persons under the age 
of twelve years shall not be required 
t(^ procure any license; provided fur- 
ther that any person except "an alien 
may hunt for and kill I'abbits without 
a license. 

Every license shall state the place 
of residence of the holder thereof, and 
slinll m^l iie transforal)le to any other 
pe!'son. All licenses, except as other- 
wise pj'ovidcd, shall be substantially 
in th(! following form, to-wit: 

License 

The hold(;r hereof, whose resi- 
dence is County of 

Stat e of is here- 
by permitted to hunt and fish within 



23 

the State of Utah, subject I'o the lim- 
itatioiis and restrictioius of the game 
laws of the State of Utah. 

Receipt of $ for this license is 

hereby acknowledged. 

The holder is. . . .years of age, is. . . 

feet. inches tall, weighs 

pounds, is coniplexioned 

and has hair and eyes. 

Dated at this day of 

19 

Officer's Address. UlTicers Signature 

Such license may be issued by the 
State Commissioner, his deputy or any 
warden, any justice of the peace or 
any person authorized so to do by the 
State Commissioner. Every person so 
authorized by the State Commissioner 
shall give a bond to the State of Utah, 
with two sufficient sureties in the sum 
of five hundred dollars, conditioned 
for the faithful performance of his 
duties and that he will faithfully ac- 
count for all licenses issued and all 
moneys received by him. Every per- 
son authorized under this section to 
issue any license, who shall^ knowing- 
ly, issue the same for any less amount 
nf money than is required by this sec- 
tion shall be guilty of a misdemeanor. 

Such license shall be printed as di- 
rected by the Slate Commissioner, 
with two stubs, which shall contani 
ihe name and residence of the person 
to whom issued the number and date 
and the amount paid therefor, one 
stub to be -retained by the justice of 
Ihe peace, or deputy warden, or 
authorized person issuing the license, 
and one stub with any mutilated license 
with all money received from such li- 
censes shall be remitted to the state 



24 

('oiiiniissioner on the first day of each 
iiioiith, except fees of the persons 
issuing the license and in case no 
licenses have been issued, such officer, 
t)r authorized person, must report in 
writing' to tlie State Commissioner that 
no licenses have been issued by him. 
Any person authorized to issue licenses 
may retain ten per cent of the money 
collected as his fees, except a person 
receiving a salary from the State. Such 
license shall have printed on the back 
a short synopsis of this Act; all licen- 
ses issued under the provisions of 
tliis Act shall expire on the thirty-first 
day of December next following the 
dale of their issue. Any person vio- 
lating any of the provisions of this 
section shall be guilty of a misde- 
meanor. 

Sec. "jy. Penalty. Any person found 
guilty of violating any of the provi- 
sions of this Act shall have his license 
I'cvoked and shall not have another 
issued for the balance of the year. 

Sec. 30. Commissioner to Provide 
Blank Licenses. License Fees. It is 
hereby made the duty of the State 
Commissioner, immediately after the 
passage of this Act, to prepare and 
cause to be printed suitable forms of 
licenses as provided in this Act, and 
sent by registered mail, or deliver in 
person, taking receipt therefor, to each 
game warden of the State, such licen- 
ses as he may deem necessary, and to 
send by registered mail or deliver in 
person, taking receipt therefor, to the 
\arious Justices of the Peace such 
licenses as he may deem necessary, 
and it shall be the duty of the wardens 
and Jusices of the Peace to issue 
such licenses as applied for. And the 
State Commissioner shall supervise 



25 

the selling of licenses throughout the 
State. Each Justice of the Peace or 
other person authorized under this 
Act to issue fishing and hunting licen- 
ses shall make a report to the State 
Commissioner stating the number of 
resident licenses issued at one dollar 
and twenty-five cents, the number of 
seiner's licenses at one dollar and 
fifty cents, and five dollars, the num- 
ber of non-resident licenses sold at 
five d(jllars, and the number of alien's 
licenses issued at fifteen dollars; and 
he shall deposit with the State Com- 
missioner all moneys from the sale of 
licenses, fines or other moneys be- 
longing to the State Fish and Game 
Fund, on the first day of each month, 
and on the fifteenth day of each month 
the State Commissioner shall make a 
report to the State Auditor showing 
the number of licenses issued, and 
shall deposit with the State Treasurer 
all moneys received by him belonging 
to the Fish and Game Fund. 

Any ofticer who shall refuse or 
neglect to turn over any moneys col- 
lected for the licenses issued as here- 
in provided, excepting his fees, shall 
be guilty of a felony, and upon con- 
viction thereof shall immediately be 
removed from office and be liable to 
criminal prosecution. 

Sec. 31. Fish and Game Fund 
Created. A Fish and Game Fund is 
hereby created, and all moneys col- 
lected for fish and game licenses, ex- 
cept fees to persons issuing licenses, 
and the net moneys collected from the 
fines and forfeitures for violation of 
the fish and game laws, shall be paid 
to the State Commissioner. All mon- 
eys so paid to the State Commissioner 
shall be and are hereby constituted a 



26 

State Fish and Game Fund,^ said fund 
to be drawn upon only for payment 
r.f expenses of the State Fish and Game 
Department. 

Sec. ;j2. Bd. Wlosiey Now Standing 
to Credit of Fish and Game Fund. Use 
of Same. There is hereby ap])rnp- 
rinted all money now standing to the 
credit of the State Fish and Game 
Fund and all money which may be re- 
ceived under the provisions of this 
Acl. fur the purpose of paying the 
salaries of the various officers pro- 
vided by this Act; for paying the 
tT'aveling expenses provided for in this 
AcL for the expenses of the office of 
Uie State Fish and Game Commis- 
sidiier, for building and maintaining 
cf i) Icheries, and for impt -rt ing. prop- 
agating and protecting fish and game. 

Sec. 33. Wew Hatcheries.. Improve- 
ment of Burrastin Ponds. The State 
Goiniiijssioner is hereby authorized 
and directed If) maintain and make 
needed improvements on the State 
liatcheries and the grounds connected 
liierewith and to construct and main- 
tain such other hatcheries as may be 
provided for. 

Sec. 3 4. Shippin^g Fish or Game 
Out of the State UntavvfuL It shall 
be unlawfnl for any person or persons 
at any time to ship or cause to be 
shipped, carried or transported out of 
this State, birds, fish, or game, or any 
l)art. or parts thereof, dead or alive, 
mentioned in Ibis Act; provided, that 
carp, suckers, niiillels. and chubs may 
be s!!ipr>ed after being first inspected 
by a Fisii and Game Warden or his 
deputy; and such Fish and Game 
Warden or his deputy shall attach to 
each parcel or package of such ship- 
ment a statement that the same has 



27 

been inspected, and giving the kind of 
fish and the weight thereof, which 
statement must be signed by the Fish 
and Game Warden or his deputy, mak- 
ing such inspection. And it is further 
provided that it is a misdemeanor for 
any raih^oad company, express com- 
pany, or other transportation com- 
pany, or common carrier of any kind, 
to receive any common fish without 
such inspection certificate attached 
thereto; provided, that nothing in this 
section shall apply to fish shipped 
from private pojids. 

Sec. 35. Repeal. That chapters 1 
and 2, Title 25, Compiled Laws of 
Utah, 1907, and all acts and parts of 
acts in conflict herewith, are hereby 
repealed. 

Section 2. Retroactive. Nothing in 
any amendment or provision made in 
this Act shall affect any offense com- 
mitted or action pending, but the same 
shall be prosecuted to judgment and 
r-xecution as though this Act had not 
been passed. In all prosecutions 
under this Act or said Chapter, it shall 
be sufticient to charge lh<' offense in 
I he langjjage of the statute and every 
exception or proviso shall be deemed 
matter to be pleaded and proved in 
defense. 

Section 3. Strawberry Valley and 
Fish Lake State Game Preserves. For 
the purpose of iucreasing game in this 
State the following described tracts 
of land are hereby set apart and des- 
ignated, respectively, as the Straw- 
berry Valley and the; Fish Lake State 
Game Preserves. 

The said Strawberry Valley State 
Game Preserve is described as fol- 
lows, to-wit: 

Beginning at a point in Wasatch 



County, State of Utah, at north lati- 
tude forty degrees, five minutes and 
twenty-eight seconds, and west longi- 
tude one hundred eleven degrees, five 
minutes and fifty-nine seconds, thence 
west nine miles, fourteen chains and 
twelve links, more or less, to the 
Western boundary line of said Wa- 
satch County where said county ad- 
joins Utah County; thence in a north- 
westerly direction along said boundary 
line to a point at north latitude forty 
degrees and twenty minutes; thence 
east twenty-one miles, more or less, 
to a point on the west side of town- 
ship two south, range ten west, 
Uintah special base and meridian and 
directly north from the point of be- 
ginning; thence south seventeen miles, 
more or less, to the place of begin- 
ning. 

And the said Fish Lake State Game 
preserve is described as follows, to- 
wit: 

Commencing at a point in Sevier 
County, State of Utah, at the northeast 
corner of section twenty-four, town- 
ship twenty-one south of range two 
east. Salt Lake base and meridian, 
thence south nine miles; thence east 
along the boundary of the United 
States Fish Lake Forest Reserve, two 
and one-half miles, more or less, to 
where said boundary turns south; 
thence continuing along said boundary, 
south two miles; west one-half mile; 
south one mile; west one mile; south 
one mile; west one-half mile; south 
two mjles to where said boundary turns 
due east; thence west one-half mile; 
thence south two miles; thence west 
two miles; thence north one mile; 
thence west one-half mile; thence 
north one mile to the boundary of 



29 

township twenty-three south, range 
two east, Salt Lake base and meridian; 
thence west one and one-half miles to 
the southwest corner of section thirty- 
three in said township twenty- three; 
thence north four miles, more or less, 
to the northwest corner of section six- 
teen, towniship twenty-three aforesaid; 
thence northwesterly to the northwest 
corner of section twenty-srven, ti»\vn- 
ship twenty-two south of range one 
east, Salt Lake base and meridian; 
thence northwesterly to the southwest 
corner of section fifteen, township 
twenty-two south, aforesaid; thence 
northwesterly to the northwest corner 
of section four, township twenty-two 
aforesaid; thence east one-half mile; 
thence north one and one-half miles; 
thence east one-half mile; thence north 
one-half mile; thence east one-half 
mile; thence north one-half mile; 
thence east eight miles to the place of 
beginning. 

It shall be unlawful for any person 
at any time to shoot at or kill or hunt 
for any game animal or game bird 
within the limits of the Strawberry 
Valley State Game Preserve or within 
the limits of the Fish Lake State Game 
Preserve, except that within the Straw- 
berry Valley State Game Preserve such 
game birds as are not by other piNjvis- 
ions of the game laws protected may 
be killed during any open season when 
it may be lawful to kill the same. Ev- 
ery person violating any of the provis- 
ions of this section shall be guilty of 
a misdemeanor and ui)on conviction 
thereof shall be punished by a fine in 
any sujn less than three hundred dol- 
lars, or by imprisonment in the county 
jail not exceeding six months, or by 
both such fine and imprisonment. All 



no 

r.-.iu'Ls in this State shall take judicial 

,.,li('t' of the limits and boundaries of 

lie State Game Preserves hereinbefore 

.N'scribed, and in any prosecution it 

hall be sufficient to allege generally 
Ml I in' language of the statute that the 

iVciisr was committed within the lim- 
i!s (,f said game preserve without any 
liii'lher particularity of description. 

StM tion 4. Public Hunting Grounds. 
The State Fish an<J (iaine Gommission- 
. r with the concurrence and under the 
,jtr, ction of the State Board of Exam- 
iiKM's, is hereby authorized and em- 
I overr-d to procure and set aside or 
c-nisp to be set aside and maintained 
as public hunting giMtuixIs, ^vicb •;;'''■" 
Ml Salt Lake, Davis and Box Elder 
counties as may be suitable for that 
[.urpose. an<l he is hereby authorized 
fn nsH such amount of fiends available 
\i,\' that imrpose as may be necessary. 
Snd (commissioner and the Slate Board 
( f Examiners may prescribe reasona- 
! I- rules and regulations governing 
liunling wilhiii such hunting grounds 
ami may i-equire reasonable fee for 
such privilege. , , ,, . „ . 

SiCiion T). This A<'r sball take effect 
iip(ni approval. 



LIBRARY OF CONGRESS 



002 899 061 3 




PRESS OF ROBERT SKELTON -PUBLISHER 
SALT LAKE CITY 



